Baltimore & Ohio Railroad v. C. J. Langenfelder & Son, Inc.

Opinion by

Watkins, J.,

This is an appeal from the judgment of the Court of Common Pleas, Civil Division, of Allegheny County, Pennsylvania, in an action of trespass in which the jury determined liability in favor of the plaintiff-appellee, The Baltimore and Ohio Railroad Company, and against the defendant-appellant, C. J. Langenfelder & Son, Inc., in the stipulated amount of One Hundred Thousand Dollars ($100,000.00); and from the denial of post-trial motions.

This action was brought by the railroad to recover damages sustained by the collapse of a tunnel. In order to permit the passage of…